Opinion
No. 2 CA-CR 2016-0372
10-20-2017
THE STATE OF ARIZONA, Appellee, v. SHANE TYLER JOHNSON, Appellant.
COUNSEL Joel Feinman, Pima County Public Defender By Sarah L. Mayhew, Assistant Public Defender, Tucson Counsel for Appellant
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.24. Appeal from the Superior Court in Pima County
No. CR20151652001
The Honorable Paul E. Tang, Judge
AFFIRMED
COUNSEL Joel Feinman, Pima County Public Defender
By Sarah L. Mayhew, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Judge Espinosa authored the decision of the Court, in which Presiding Judge Staring and Judge Howard concurred. ESPINOSA, Judge:
The Hon. Joseph W. Howard, a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court. --------
¶1 After a jury trial, Shane Johnson was convicted of first-degree criminal trespass and was sentenced to a four-year prison term. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), asserting she has reviewed the record but found no meritorious issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, she has provided "a detailed factual and procedural history of the case with citations to the record" and asks this court to search the record for error. Johnson has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the jury's verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), the evidence is sufficient to support the verdict here. In January 2015, the victim went to her laundry room and saw that the door leading to her garage was open. She entered the garage and encountered Johnson, who grabbed her arm and spoke to her briefly before fleeing. See A.R.S. § 13-1504(A)(1); see also A.R.S. § 13-1501(2), (11). Johnson admitted having two historical prior felony convictions and having been on release at the time of the offense. His sentence is within the statutory range and was lawfully imposed. See A.R.S. §§ 13-703(C), (J), 13-708(C), 13-1504(B).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and found none. Accordingly, Johnson's conviction and sentence are affirmed.